Two Wicklow county councillors have won a High Court order to the effect that they are not disqualified from acting as councillors. The decision means the two can now vote in the Seanad elections.
Ms Justice Mary Laffoy yesterday ruled that Tommy Cullen, Deerpark, Blessington and Pat Doran, Carnew, who were elec- ted to the council in June 2004, are not disqualified as councillors. They had challenged a decision of the county manager that they are disqualified from acting as councillors because of their failure to pay costs of unsuccessful legal proceedings. In light of the ruling, it may also be possible for Wicklow councillor Nicky Kelly to vote in the Seanad elections as he had faced disqualification on the same matter.
The two councillors were told last month that, arising from the failure to pay legal costs of €184,000 arising from unsuccessful High Court proceedings against the county manager, they were deemed disqualified from membership of a local authority.
The case against the manager centred on the interpretation of a law which provides that a councillor can be disqualified if he fails to comply with a final judgment of a court for payment of any money due to a local authority. Ms Justice Laffoy was told there was no such final order because they were appealing the costs order to the Supreme Court and it has yet to be heard.
In her ruling, Ms Justice Laffoy said the context in which the word "final" was used in the relevant legislation related to the end of the process where liability is irreversibly determined.
To regard the costs order as a final judgment could give rise to an absurd result as they would remain disqualified even if the highest court in the land later re- fused to make a finding to ground a disqualification, she said.
Unlike a charge or conviction, a judgment, order or decree for payment of money may take many forms, she said. The judge also granted the councillors their costs against the council.
The two councillors were told last month of their disqualification over non-payment of costs of an unsuccessful action initiated in 2000 against the county manager aimed at reversing his decision to grant permission for the conversion of a milking parlour for use as a pet crematorium.
Mr Cullen, Mr Doran and Mr Kelly were ordered to pay costs arising from the proceedings. Mr Cullen and Mr Doran claim the action was brought on a vote of the council in 2000. They applied to the Supreme Court for a stay on the costs order but, before that motion came before the court, it was announced at a council meeting on July 2nd last that they had been disqualified from acting as councillors from December 29th, 2006.